Savvaki v Papargyriou [2008] NSWSC 830

New South Wales Supreme Court

CITATION : Savvaki v Papargyriou [2008] NSWSC 830 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11/08/08, 12/08/08

JUDGMENT DATE : 14 August 2008

JURISDICTION : Equity jurisdiction

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 14 August 2008

DECISION : Paragraph 87

CATCHWORDS : Family Provision. Application by defacto partner in respect of small estate. Order for provision of whole estate to plaintiff.

PARTIES : Catherine Savvaki v Con Papargyriou (Estate of Gregory Papargyriou)

FILE NUMBER(S) : SC 2226/06

COUNSEL : Mr P Blackburn-Hart SC for plaintiff Mr M White for defendant

SOLICITORS : Lane & O'Rourke Solicitors for plaintiff Truman Hoyle Lawyers for defendant

- 1 - SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

THURSDAY 14 AUGUST 2008

2226/06 CATHERINE SAVVAKI (AKA KATERINA SAVVAKI) v CON PAPARGYRIOU AS EXECUTOR OF THE ESTATE OF GREGORY PAPARGYRIOU

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Gregory Papargyriou who died on 9 June 2005 aged 65 years. The deceased was survived by the plaintiff, with whom he had lived in a defacto relationship for 32 years. 2 The only other eligible persons are the plaintiff's son, who lived with the plaintiff and the deceased from the age of five years until he was 32 years of age in 1999. He makes no claim and supports his mother's application. The last will of the deceased 3 The deceased made his last will on 28 April 1995, only a few years after he started living with the plaintiff. Under that will in the circumstances which have occurred the whole of his estate passed to the defendant, who is the deceased's brother. He also was appointed as executor of the will. The estate of the deceased 4 The deceased and the plaintiff lived at a property at Earlwood which was held by them as joint tenants. The property passed by survivorship to the plaintiff subject to an interest in the property held by their son, the details of which I will return to later. 5 The balance of the estate was mainly comprises of a half share in another property at Enmore held by the deceased and the plaintiff as tenants in common. 6 By the time of the hearing the estate of the deceased comprised the following: